Abstract
Abstract
Despite its importance, the arbitral award was left undefined by the New York Convention and most other major international arbitration laws. This has inevitably led to varying opinions regarding its nature and confusion regarding the thresholds that differentiate arbitral awards from other tribunal decisions. Partly in response to the above, there has been discussion to initiate the revising process of the Convention. Responses have been divided. In this paper, the author finds that revision will not bring the desired results, while the Convention itself has equipped international arbitration practice with tools to overcome obscure legal concepts such as the arbitral award.
Despite its importance, the arbitral award was left undefined by the New York Convention and most other major international arbitration laws. This has inevitably led to varying opinions regarding its nature and confusion regarding the thresholds that differentiate arbitral awards from other tribunal decisions. Partly in response to the above, there has been discussion to initiate the revising process of the Convention. Responses have been divided. In this paper, the author finds that revision will not bring the desired results, while the Convention itself has equipped international arbitration practice with tools to overcome obscure legal concepts such as the arbitral award.
Original language | English |
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Pages (from-to) | 99-112 |
Number of pages | 14 |
Journal | Journal of Strategic Contracting and Negotiation |
Volume | 5 |
Issue number | 1-2 |
Early online date | 29 Jun 2021 |
DOIs | |
Publication status | Published - Jun 2021 |
Bibliographical note
AcknowledgementsI would like to express my gratitude to Dr Patricia Živković, whom I was lucky to be taught by at the University of Aberdeen, in the area of international commercial arbitration. Dr Patricia's work ethic, expertise and passion for international arbitration have inspired me to not only author this work but to pursue a career in the sector.
Funding
The author received no financial support for the research, authorship and/or publication of this article.
Open access via Sage agreement
Keywords
- dispute resolution
- commercial contracting
- arbitration award